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California Land Use Law & Policy Reporter

July 2016

Volume 25, Number 10 July 2016


The U.S. Supreme Court Holds that Landowners Can Sue the Army Corps of Engineers to Challenge Its Jurisdictional Determinations under the Clean Water Act by David Ivester, Esq. and Peter Prows, Esq. Briscoe, Ivester 287


Los Angeles Ballot Initiatives for 2016 and 2017 Address Affordable Housing and Restrictions on General Plan Amendments292


U.S. Fish and Wildlife Service Proposes Substantial Revisions to Its Eagle Permit Regulations under the Bald and Golden Eagle Protection Act294


Court of Appeals:

Ninth Circuit Finds the Bureau of Land Management Did Not Properly Analyze Wind Project’s Potential Impact on the Greater Sage Grouse297

Oregon Natural Desert Association et al. v. Jewell et al., ___F.3d___, Case No. 13-36078 (9th Cir. May 26, 2016).

In the Crosshairs of the Second Amendment—Ninth Circuit Finds Zoning Regime Was Overly Restrictive on the Sale of Firearms299

Teixeira v. County of Alameda, ___F.3d___, Case No. (9th Cir. May 16, 2016).

District Court:

District Court Holds that EPA’s Actions Blocking Clean Water Act Permit Did Not Constitute ‘Final Agency Action’ under the APA301

Marquette County Road Commission v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 2:15-CV-93 (W.D. Mi., May 18, 2016).


District Court of Appeal:

Fourth District Court Clarifies Applicability of Cease and Desist Requirement Prior to Litigation under the Brown Act304

Center for Local Government Accountability v. City of San Diego, ___Cal.App.4th___, Case No. D068432 (4th Dist. 2016).

Fourth District Court Rules Removing Minimum Residential Density Requirements in General Plan Is Not Categorically Exempt305

People for Proper Planning v. City of Palm Springs, ___Cal.App.4th___, Case No. E062725 (4th Dist. May 20, 2016).

Superior Cout:

Sacramento Superior Court Issues Ruling in the Delta Stewardship Council Cases307

Delta Stewardship Council Cases, Judicial Council Coordination Proceeding No. 4758 (Sac. Super. Ct. May 18, 2016).